Wal-Mart foes win the right to a vote

"We conclude that the exercise of the people's referendum right is of such importance that it properly overrides 'individual economic interests,' " Durrant wrote. "The referendum right, so fundamental to our conception of government, should not and cannot be so easily thwarted."

Representatives from the Boyer Co. did not return phone calls Friday by deadline.

Contentious referenda have divided communities before. Riverton residents lost a Supreme Court battle last August to challenge a zoning change that would have allowed a Wal-Mart. The residents had gathered enough signatures for the referendum, but then the Riverton City Council rescinded its initial zoning change in favor of several smaller zoning changes, thus rendering the signatures moot. The court ruled that Riverton city officials acted in good faith when changing the zoning ordinances the second time.

Sandy likely will hold its referendum during the Nov. 8 general election, although the city had not fully researched requirements, said spokesman Ryan Mecham. Now, attorneys for Save Our Communities and the city must develop language for the referendum, but "there's nothing critical that I anticipate will be a problem," said Walter Miller, Sandy city attorney.

Eric Berger, a spokesman for Wal-Mart, said the company's lawyers were reviewing the decision. "We'll continue to look for opportunities to serve our customers and bring the positive benefits of jobs and sales tax revenue of our stores to communities in Utah," he said.

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